How do I legally file an automobile accident in smalls claims court in the state of California?

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How do I legally file an automobile accident in smalls claims court in the state of California?

I was involved in a non-fault (my) accident on 5/9/09. My insurance company and the at-fault party’s insurance company is not working in my favor; therefore, I am considering legal action in small claims to rectify the situation.

Asked on June 5, 2009 under Accident Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can absolutely sue the at-fault party in small claims court.  Insurance companies don't always get it right, and sometimes they accept partial fault on their insured's behalf when the insured is convinced they were not at fault at all.  Go to the website for small claims court at http://www.courtinfo.ca.gov/selfhelp/smallclaims/ and  it will give you all the information you need about filing your case.  Good luck.


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